Wisconsin Grabs Coal Ash Oversight from EPA
Published Date: 9/11/2026
Proposed Rule
Summary
The EPA is ready to approve Wisconsin’s plan to manage coal ash waste with its own permit program instead of the federal one, starting soon if no major issues pop up. This affects power plants and waste sites in Wisconsin, aiming to keep the environment safer while following strong rules. You’ve got until November 10, 2026, to share your thoughts, and there’s a public hearing online on November 9 to join the conversation!
Analyzed Economic Effects
5 provisions identified: 1 benefits, 2 costs, 2 mixed.
State control of CCR landfill permits
EPA is proposing to approve Wisconsin's partial Coal Combustion Residuals (CCR) permit program. If EPA grants final approval, Wisconsin's CCR permit program will operate in lieu of the Federal CCR permit program for the approved provisions (while certain Federal provisions would remain in effect). EPA has preliminarily determined the State program meets the standard for partial approval.
Approval seeks coverage for CCR landfills only
Wisconsin is seeking approval only to regulate CCR landfills under its partial permit program; other CCR provisions that Wisconsin did not include would remain directly subject to the Federal CCR rules. EPA notes the State's program does not encompass the full scope of Federal CCR requirements as presently constituted.
EPA oversight and enforcement retained
Even if Wisconsin's partial CCR permit program is approved, EPA would retain inspection and enforcement authorities under RCRA sections 3007 and 3008 (42 U.S.C. 6927 and 6928). EPA may also enforce any Federal CCR requirements that remain in effect in the State.
State permitting timelines and public notice rules
Under Wisconsin law, owners/operators of CCR landfills must update a plan of operation every 10 years during active life, notify WDNR at least 30 days prior to submitting plan of operation modifications affecting liner/leachate/closure or reduced groundwater monitoring, and WDNR has a 65-business-day review time for a complete plan modification. Public comment periods include 60 days for plan of operation modification reports and draft decisions, and 30 days for draft plans and feasibility reports; initial permitting requires at least 60 days notification.
Public comment and hearing deadlines
You may submit written comments to EPA on the proposal through November 10, 2026, and EPA will hold an online public hearing on November 9, 2026. To preregister to speak use EPA's CCR website or contact the person listed; preregistration to speak closes November 5, 2026; requests for translation or special accommodations must be pre-registered by October 26, 2026. Oral commenters have five minutes each, which may be shortened to no less than three minutes if attendance is high.
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Key Dates
Department and Agencies
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